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Legal Services

Handing over a legal matter between firms

In brief

A legal-matter handover needs careful coordination of files, instructions, open decisions and timing. Procurement can manage the administrative transition, but qualified counsel should determine the legal steps and implications. Do not assume that terminating one supplier and appointing another is a routine vendor change with no effect on representation or the conduct of the matter.

A legal-matter handover needs careful coordination of files, instructions, open decisions and timing. Procurement can manage the administrative transition, but qualified counsel should determine the legal steps and implications. Do not assume that terminating one supplier and appointing another is a routine vendor change with no effect on representation or the conduct of the matter.

Establish the transition plan with counsel

Identify the client entity, matter scope, current stage and authorised instructing contact. Ask outgoing and incoming counsel, as appropriate, to advise on the required transition process. Flag known dates promptly and let qualified professionals determine their significance and any action needed.

Clarify when responsibility changes and which firm handles work during the transition. Avoid a gap in which each assumes the other is monitoring the matter. Procurement should record the agreed responsibilities without attempting to calculate legal deadlines or procedural requirements independently.

Inventory the files and open issues

Ask counsel to identify the documents, correspondence, working records and status information needed by the incoming team. Review transfer and retention arrangements under the applicable engagement terms and qualified advice. Do not assume that every internal working document has the same transfer status.

For example, a contract negotiation may have several versions and unresolved commercial instructions. The handover should identify the current draft, accepted positions and pending decisions. Sending every file without a status explanation can leave the new lawyer uncertain about what the client has authorised.

Preserve secure and coherent instructions

Use suitable channels and access controls for the transfer, with counsel advising on confidentiality and privilege-related considerations. Limit distribution to appropriate people. Changing firms should not result in sensitive legal material being copied into a general procurement folder for convenience.

Confirm the incoming firm's conflicts and acceptance process and relevant professional arrangement. Identify additional counsel or specialists that remain involved and how their instructions and fees are coordinated after the change.

Close administration without obscuring the matter

Reconcile invoices and agreed transition support separately from the substantive handover, using qualified advice where a dispute affects file transfer. Record what was received, outstanding items and the responsible owner. A disciplined transition preserves continuity and informed instructions while recognising that legal representation and records require more careful treatment than a generic supplier offboarding checklist.

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